Michigan Sex Crime Attorneys Blog

In the first "sexting" decision by a Federal Appeals Court, the United States Court of Appeals for the Third Circuit ruled that prosecutors could not charge a teenager who sent sexually explicit photos of herself on her phone with child pornography.

In Michigan, sexting can be a violation of child pornography laws, which are felonies, and result in life-long consequences, such as having to place your name on the sex crimes registry.

In Miller v. Mitchell, the Third Circuit determined that the prosecutor could not charge the 16-year-old girl at issue in the case with child pornography simply because she appeared in the pictures without any evidence she had engaged in distributing it.

The court did not address whether those underage the age of 18 have a First Amendment right to send sexually explicit messages or photos through their cell phones. According to the New York Times, the legal director of the American Civil Liberties Union of Pennsylvania who represented parents stated "It does not resolve all of the constitutional issues implicated in sexting prosecutions, but it's a terrific start for civil liberties."

Recently, there has been a huge increase in child pornography cases in both the state and federal courts as the result of sexting charges. Often the child pornography charges stem from one teenager sending a sexually explicit photo of him- or herself to a boyfriend or girlfriend. Hopefully the Sixth Circuit will soon follow the Third Circuit's lead and allow parents to block the prosecution of their children on child pornography charges.

Continue reading "Prosecution For Teenage Sexting Banned By Third Circuit" »

Washtenaw County prosecutors dropped criminal charges against a Pittsfield Township sex offender accused of illegally living near a school.

Matthew Freeman, now a 23-year-old man, was arrested and convicted when he was 17 of having consensual sex with his 15 year-old girlfriend. Because his girlfriend was under the age of consent, Freeman was convicted of fourth degree criminal sexual conduct and required to register as a sex offender. Freeman had been in a steady relationship with the girl, but 12 days after he turned 17, the girl's mother requested Freeman be criminally charged as a way to end the relationship.

Often, finding the true motivation for making the accusation of sexual misconduct is one of the most important components of a successful defense.

As the result of prosecutorial error during the plea hearing, Freeman's conviction for fourth degree criminal sexual conduct - age of victim, was recorded as fourth-degree criminal sexual conduct involving force or coercion, subjecting Freeman to the school safety zone residency requirement.

Had he been convicted of the safety zone violation, Freeman could face up to a year in jail.

Freeman's record was corrected early this March, exempting Freeman from the residency restrictions. As a result, prosecutors dropped the pending charges.

For Freeman and his family it's a bittersweet victory. Freeman's name still must remain of the Michigan Sex Offenders Registry until August 17, 2028.

Continue reading "Criminal Charges Dropped Against Pittsfield Township Man" »

After spending more than five months in a jail, a St. Clair County jury found Toney McRae not guilty of criminal sexual assault.

The jury deliberated only 2 hours before setting McRae free.

The Times Herald reports that McRae, 44, of North Carolina was a door-to-door salesman and was accused of raping a Port Huron woman after she answered the door. The jury disagreed, finding that no scientific nor any physical evidence existed to support the allegations.

Though McRae is ecstatic to be returning home, he will not get those months back that were wasted while being imprisoned for a crime he didn't commit.

Unfortunately, the reality is that many innocent people are falsely accused of and wrongfully charged with criminal sexual conduct or criminal sexual assault. Michigan law requires only an allegation of wrongdoing be made, no physical or scientific evidence is required to charge -and in some circumstances convict - an individual of sexual assault.
If convicted, an individual faces possible jail time and mandatory placement of their names on the sex offender registry. Placing one's name on the sex offender registry can affect one's everyday life, including the loss of job opportunities, educational opportunities and the freedom to live of visit where you choose.

Continue reading "St. Clair County Jury Exonerates North Carolina Man Charged With Rape" »

According to WNDU local news, Lake Michigan College is no longer admitting people convicted of sex crimes against children and those listed on Michigan's sex registry.

This broad rule could affect students who pose no threat, especially those convicted on juvenile charges who could benefit most from educational opportunities and a fresh start. In fact, studies show juveniles make up a large percentage on the Public Sex Offender Registry (PSOR).

Under current Michigan law, many non-violent sex offenders must place their names on the registry, sometimes for life. This includes non-violent sex offenders such as juveniles who have been convicted of having consensual, yet underage sex, and those convicted of "sexting," which in some cases can be a violation of child pornography laws.

As the LMC decision shows, registering on the Public Sex Offender Registry (PSOR) may affect the everyday lives of those individuals forced to register, including the loss of job opportunities, disqualification for obtaining student loans and the freedom to attend certain schools. Often, these results are unfair and unjust, denying opportunities to those who have committed minor offenses.

Continue reading "Michigan College No Longer Admitting Convicted Sex Offenders" »